During a merger investigation, the complaints of the third parties, including consumers, are incredibly important to the reviewing agencies. As noted in past blogs, the key inquiry for the enforcement agencies and state regulators is does the merger substantially lessen competition? To simplify that question, does the merger make the market worse—i.e. will prices be higher, will there be less choice, and will quality/innovation deteriorate. In the case of Anthem/Cigna and A

The United States is in the midst of merger mania. Overall, 2015 will likely be a record year for the number of acquisitions and mergers. As a result, the enforcement agencies, including the Federal Trade Commission and Department of Justice, have been very active in reviewing and analyzing deals. And while many may assume that the vast majority of these deals will receive a rubber stamp, two recent cases demonstrate the enforcement agencies’ commitment to the law and cons

In determining whether a particular market is competitive, economists will often study entry into the market. Are new players entering, and due to this entry, are incumbent market competitors forced to adapt and offer innovative products and services to effectively compete? Within health insurance markets, the entry issue has been raised. In fact, the CEOs of both Anthem and Aetna, companies hoping to merge with Cigna and Humana respectively, have suggested that the health